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Mining Act 2016 Full
Mining Act 2016 Full
Mining Act 2016 Full
REPUBLIC OF KENYA
–––––––
ACTS, 2016
CONTENT
Act—
PAGE
ARRANGEMENT OF SECTION
Section
PART I—PRELIMINARY
1—Short title
2—Scope of the Act.
3—Act not to apply to petroleum and hydrocarbon gases.
4—Interpretation.
5—Guiding principles.
PART II—OWNERSHIP OF MINERALS
6—Ownership of minerals.
7—Saving for custom.
8—Right of pre-emption.
9—Discovery of minerals.
PART III—GENERAL PRINCIPLES
10—Restriction on the acquisition of mineral rights.
11—Acquisition of rights in minerals.
PART IV—ADMINISTRATION
12—General powers of the Cabinet Secretary.
13—Cabinet Secretary may declare areas reserved for
small-scale operations.
14—Cabinet Secretary may declare areas reserved for
tendering.
15—Cabinet Secretary may restrict or exclude areas
from operations.
16—Strategic Minerals.
17—Access to service.
18—Appointment of Directors.
19—Removal of a director from office.
20—Functions of the Director of Mines.
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Reconnaissance Permit
125—Application for a reconnaissance permit.
126—Rights conferred by a Reconnaissance Permit.
127—Obligations under reconnaissance permit.
128—Mineral Rights on Community land.
Prospecting Permit
129—Application for prospecting permit.
130—Notice to applicants.
131—Term and size of prospecting permit.
132—Rights conferred by prospecting permit.
133—Obligations under prospecting permit.
134—Renewal of prospecting permit.
135—Term of renewal
Mining Permit
174—Effect of revocation
175—Delivery of records and documents on revocation
PART XI—HEALTH, SAFETY AND
ENVIRONMENT
176—Environmental laws to prevail.
177—Water rights laws to prevail.
178—Occupational health and safety.
179—Land use.
180—Requirement of site restoration and mine closure
plans.
181—Environmental protection bonds.
PART XII─FINANCIAL PROVISIONS
182—Fees.
183—Royalties.
184—Transfer of mineral right.
185—Record to be kept by a mineral rights holder
186—Payment of fees, charges and royalties
187—Default in paying royalties
188—Reduction or suspension of royalties
189—Recovery of royalty, fees and other charges
190—Transfer pricing
PART XIII—RECORDS AND REGISTRATION OF
MINERAL RIGHTS
191—Register of mineral rights
192—Requirement to enter information in register.
193—Power to correct register.
194—Replacement of originals.
195—Evidentiary certificates.
PART XIV—MONITORING, COMPLIANCE AND
ENFORCEMENT
196—Appointment of inspectors of mines.
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2. (1) This Act shall apply to the minerals specified Scope of the Act
requires—
“application” includes—
(a) an application for the grant, renewal, transfer,
assignment or surrender of a mineral right; or
(b) an application for the grant or renewal of a
mineral dealer’s licence or a diamond dealer’s
licence;
“arm’s-length value” means the purchase price under
an immediate sale transaction in an open market where the
purchase price for the sale –
(a) is not influenced by any special relationship or
other arrangement between the parties to the
transaction ,other than the immediate sale itself;
and
(b) is not affected by any non-commercial or other
considerations; and specifically excludes any
barter, swap, exchange, or transfer price
arrangements or any restricted transaction that is
associated with special financial, commercial or
other considerations;
“artisanal mining” means traditional and customary
mining operations using traditional or customary ways and
means;
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corporate—
(a) is in liquidation;
(b) is the subject of a subsisting court order for its
winding up or dissolution; or
(c) has made a composition or arrangement with its
creditors which remains in effect;
“first-come, first-served” means the policy of
considering and approving applications based on the order
of receiving the applications;
“geology” means the scientific and research aspects of
the solid earth and its processes;
“geological report” means a report made by a
geologist;
“gross value” means the arm’s-length value of
minerals or mineral products at the point of sale within
Kenya, without any discounts, commissions or deductions;
“groundwater” has the meaning assigned to it under
the Water Act;
“holder” , in respect of a mineral right ,a licence or
permit under this Act, means –
(a) a person to whom a mineral right is granted; or
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36. (1) The Cabinet Secretary shall not grant a mineral Mineral rights in
excluded and
right which authorises prospecting or mining operations restricted areas.
on—
(a) any land specified by the Cabinet Secretary, by
notice in the Gazette, to be land upon which such
operations are excluded or restricted; or
(b) an area of which is subject to an existing permit or
licence.
(2) The Mineral Rights Board shall, prior to
recommending to the Cabinet Secretary the grant of a
mineral right, require the applicant to seek —
(a) approval of the National Land Commission, in
relation to public land;
(b) the approval of the relevant State agency where
that mineral right is on public land under Article
62 (1)(b) of the Constitution;
(c) the approval of the appropriate Cabinet Secretary
or other authority, where the area in respect of
which a mineral right is sought is dedicated or set
apart as a place of burial, religious significance, as
a public building, or for any other public purpose;
(d) the Governor of the respective county exercising
control where the land is situated within a town,
municipality or trading centre;
(e) the Cabinet Secretary responsible for matters
relating to wildlife conservation and management,
where the land is situated within a marine park, a
national park or a local sanctuary under the
No. 47 of 2013
Wildlife (Conservation and Management) Act;
(f) the Cabinet Secretary responsible for matters
relating to the environment, where the land is
situated within a protected area, a protected
natural environment, or a protected coastal zone
under the Environmental Management and No. 8 of 1999
Coordination Act;
(g) the Director of the Kenya Forest Service, where
the land is situated within a forest area or;
operations on, under or over an area, that has been
No. 7 of 2005.
declared a forest area under the Forests Act;
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exceed –
(a) fifteen years; or,
(b) the remaining life of the mine,
whichever is the shorter and shall be specified in the
licence.
PART VII—MINERAL AGREEMENTS
117. (1) The Cabinet Secretary in consultation with Mineral
agreement.
the National Treasury may enter into a mineral agreement
with the holder of a mining licence where the proposed
investment exceeds five hundred million United States
dollars.
(2) A mineral agreement shall include terms and
conditions relating to –
(a) the minimum prospecting or mining operations to
be carried out and the time table determined for
purposes of such operations;
(b) the minimum expenditure in respect of the
prospecting or mining operations;
(c) the manner in which prospecting or mining
operations shall be carried out;
(d) the environmental obligations and liabilities,
subject to the requirement of the Environment
Management and Co-ordination Act;
(e) the procedure for settlement of disputes;
(f) the processing, whether wholly or partly in Kenya,
of any mineral or group of minerals found,
obtained or mined by the holder of a mineral right
in the course of mining operations;
(g) the basis on which the market value of any
mineral or group of minerals in question may from
time to time be determined;
(h) insurance arrangements;
(i) resolution of disputes through an international
arbitration or a sole expert; and
(j) community development plans;
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and
(c) the Diamond Industry Protection Act. Cap. 310.
8. Chromium
9. Cobalt
10. Copper
11. Gallium
12. Geranium
13. Hafnium
14. Indium
15. Iron
16. Lead
17. Magnesium
18. Manganese
19. Mercury
20. Molybdenum
21. Nickel
22. Niobium
23. Rhodium
24. Radium
25. “Rare Earths” or lanthanides, including the
actinides, scandium and yttrium
26. Rhenium
27. Rubidium
28. Selenium
29. Tantalum
30. Thallium
31. Tin
32. Titanium
33. Tungsten
34. Vanadium
35. Zinc or zirconium, but does not include any such
mineral if such mineral is incidentally included in
a mineral falling in any other group of minerals.
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